Pennwalt Corporation, Appellant/cross-Appellee v. Durand-Wayland, Inc., Appellee/cross-Appellant

BENNETT, Senior Circuit Judge,

dissenting in part, with whom COWEN, Senior Circuit Judge, and EDWARD S. SMITH and PAULINE NEWMAN, Circuit Judges, join.

I agree with the majority that the district court’s finding of no literal infringement of the ’628 patent claims has not been shown to be clearly erroneous. However, I believe that the district court failed to consider the doctrine of equivalents issue in accord with the precedents of both this court and the Supreme Court. The in banc majority in this case, in affirming the district court, does not follow the precedents of this court. While the…